Hastings v Random House Australia Pty Ltd [1999] NSWSC 101

Hastings v Random House Australia Pty Ltd [1999] NSWSC 101

Justice required a special costs order as plaintiff incurred costs preparing for defences later abandoned by the defendant; plaintiff to pay only one half of preliminary costs, but full costs for trial itself.

Parties
Plaintiff: Gary Hastings; Defendant: Random House Australia Pty Limited
Jurisdiction
Australia
Judgment Date
22 February 1999
Procedural Posture
Defamation Proceedings / Post Verdict; Costs Determination
Outcome
Plaintiff ordered to pay defendant's costs for hearing and one half of preliminary costs; costs on a party and party basis.
Legal Topics
Qualified Privilege, Section 13 Defence, Abandonment of Defences, Costs Orders
Defamation Costs Qualified Privilege Section 13 Defence Abandonment of Defences Costs Orders

Case Brief

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Parties

Gary Hastings

Plaintiff

Random House Australia Pty Limited

Defendant

Procedural Posture

Defamation Proceedings / Post Verdict; Costs Determination

Legal Issues

  1. 1 Effect of pleading and abandoning qualified privilege and s 13 defence on costs order
  2. 2 Appropriateness of costs order following defendant's success

Ratio Decidendi

Justice required a special costs order as plaintiff incurred costs preparing for defences later abandoned by the defendant; plaintiff to pay only one half of preliminary costs, but full costs for trial itself.

Court Disposition

Plaintiff ordered to pay defendant's costs for hearing and one half of preliminary costs; costs on a party and party basis.

Orders

  • Plaintiff to pay defendant's costs incurred in relation to the hearing from 9-11 February 1999.
  • Plaintiff to pay one half of such costs as were earlier incurred.